At an AGM, should a company that owns three lots be counted as three in the attendance and voting numbers?
At our strata AGM, the attendance and voting were recorded as 17. One company owns three units, and the company representative attended the meeting. They were recorded as holding three proxies (one for each lot) and were counted as “3” in the attendance and voting total.
Is it correct or fair for a single company representative to be counted as three for attendance and voting purposes simply because the company owns three lots?
If a person or entity owns multiple lots, they are entitled to an equal number of votes to the number of financial lots owned.
Section 120 of the Strata Titles ACT 1985 (STA85) deals with voting at strata company meetings. This section provides that each owner of a lot, when entitled to vote, is entitled to one vote. To be entitled, the lot must be financial (levies paid up to date). Therefore, if a person or entity owns multiple lots, they are entitled to an equal number of votes to the number of financial lots owned.
Where a unit is owned by an entity or more than one individual, a proxy form is required to be in place identifying the person who holds the vote for the lot they are representing. This is the same for joint ownership. So, for example, if Mr and Mrs Smith own a unit, a proxy form is required to identify if Mr or Mrs Smith are voting (even if they both attend).
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Most people find Strata to be a dry subject. Talk to Luke about Strata Legislation and you will soon see how enthused and excited he becomes about the topic. With over 20 years in the industry providing Strata Management and consultancy services. Luke owned and operated his own Strata Management business here in Perth for over 10 Years as well as being the state lecturer in Strata Management at Central Tafe at that time.
Educating people on Strata Title has been a passion of Luke’s delivering seminars on a regular basis for the last three years and now regular webinars since COVID-19.
In his spare time Luke’s passions are family, fishing, fine dining and football (West Coast Eagles). He also likes to volunteer assisting Perth’s homeless community.
Luke is a regular contributor to LookUpStrata.
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